Abdul Gafoor, J.

The appellant, faced a prosecution under the provisions of Prevention of Corruption act on the allegation that using his position as public servant, he forged documents and misappropriated various amounts payable as unemployment assistance to various persons and thereby derived undue pecuniary advantage and committed the offences punishable under Section 13(2) read with Section 13(1) (c) of the Prevention of Corruption Act, 1988 and also under Sections 409, 465, 471 and 477 (A) of the Indian Penal Code. The petitioner attempted to interdict the prosecution launched against him by filing O.P.10181/1999 contending that he being a public servant sanction under Section 197 ought to have been obtained for launching the prosecution. Therefore, the prosecution should have been dropped and he could not have been proceeded with.

2. The contention urged by him before the learned Single Judge was that as a public servant he was not removable from his office except by or with the sanction of the Government. Accordingly prosecution ought to have launched only if Government sanctioned it.

3. Admittedly by him the authority to impose the penalty of removal on him as per